Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 241264 of 628 articles for counsel

Forum Shopping by Lawyers: Ethical Duty and the Price of Misconduct

A lawyer's filing of successive petitions constituted forum shopping, resulting in a six-month suspension from the practice of law.

Clerk of Court Notarial Authority: Scope and Limits in Philippine Legal Proceedings

Philippine Supreme Court clarifies that clerks of court may notarize only matters related to their official functions, not private pleadings.

Corporate Rehabilitation Venue and Joint Petitions Under Philippine Law

The Supreme Court clarifies venue rules for corporate rehabilitation and disallows joint petitions by separate corporations under the Interim Rules.

COMELEC Authority Over Election Officers and Execution Pending Appeal Rules

Supreme Court clarifies COMELEC's supervisory power over election officers and when courts lose jurisdiction to order execution pending appeal.

Tax Sales and Due Process: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on tax sales, due process, and property rights protection for landowners and buyers.

Upholding Client Trust Attorney Disbarred FOR Unauthorized Compromise AND Misappropriation OF Funds

A lawyer who compromised a client's case without authority and misused funds for docket fees was disbarred by the Supreme Court.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Spontaneous Confessions in Parricide Cases: When the Right to Counsel Does Not Apply

A son's spontaneous confession to police was admissible despite no lawyer present, because custodial investigation had not yet begun.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions

When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.

BP 22 Acquittal: Why Actual Receipt of Notice of Dishonor Is Critical

In Robert Chua v. People, the Supreme Court acquitted a BP 22 accused because prosecutors failed to prove actual receipt of the notice of dishonor.

Strict Compliance Required for Serving Summons on Domestic Corporations

The Supreme Court clarifies that service of summons on domestic corporations must strictly follow Rule 14, Section 11, or the court lacks jurisdiction.

When Can a Bank Deposit Real Property Instead of Cash to Lift an Attachment?

Philippine Supreme Court clarifies that under Rule 57, only cash deposit or counter-bond can lift a writ of attachment.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Speedy Trial Dismissal Is an Acquittal: Double Jeopardy and Finality in Criminal Cases

A dismissal for violation of the right to speedy trial is an acquittal that bars re-prosecution. Learn the rules and practical lessons from this case.

Defamation and Privileged Communication: Protecting Reputation in the Philippines

Philippine Supreme Court clarifies libel, privileged communication, and damages in Almendras v. Almendras, balancing free speech with reputation protection.

Counsel's Negligence and Due Process: When Can a Client Reopen a Case

When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.

Missed Appeal Deadlines in Agrarian Cases: When Negligence Costs the Right to Appeal

The Supreme Court rules on missed appeal deadlines in agrarian disputes, explaining when a motion for reconsideration suspends the period and why certiorari cannot replace a lost appeal.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

Final Judgments in Lawyer Discipline: Why They Cannot Be Reopened

The Supreme Court denies a disbarred lawyer's bid to reopen his case, reaffirming the doctrine of finality of judgment.

Dismissal of Action: Intervenors' Rights and the Duty to Diligently Prosecute Claims

When a case is dismissed for failure to prosecute, intervenors generally lose their right to continue the suit. The Supreme Court explains why diligence matters.

Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines

Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.

Good Faith vs Due Diligence: Unmasking the Innocent Purchaser Doctrine

The Supreme Court clarifies that buyers of registered land must go beyond the title when circumstances raise suspicion. Learn the limits of the innocent purchaser defense.